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AIPLA Comments on .net registry

  • To: <net-rfp-general@xxxxxxxxx>
  • Subject: AIPLA Comments on .net registry
  • From: "Michael K. Kirk" <mkirk@xxxxxxxxx>
  • Date: Fri, 4 Feb 2005 06:54:48 -0500

The American Intellectual Property Law Association ("AIPLA") submits these
comments to emphasize the importance of publicly available WHOIS information
for .NET domain names. 


In many instances where material that an intellectual property rights owner
believes to be infringing appears on the Internet, the owner or operator of
the website at issue is not readily identifiable.  Prompt resolution of such
disputes requires accurate and readily available information identifying the
person or entity responsible for the alleged infringement. Accurate WHOIS
information for each registered domain name provides this information and
allows enforcement of intellectual property laws on the Internet. 


AIPLA also agrees with Michael Heltzer's comments that for Section 4(b)(ii)
of the UDRP to have any meaning, the availability of "reverse WHOIS"
searches must be preserved.  Such information is also needed to show bad
faith under Section 43(d)(1)(B)(i)(VII) of the Lanham Act by establishing a
person's registration of other domain names that are identical or
confusingly similar to marks of others. 


Thus, AIPLA joins ASCAP in its conclusions that "ICANN should reject any
application that proposes to reduce the status quo of publicly available
WHOIS data" and that "ICANN should vigilantly remove the license and
authority of any registry that at any time removes the transparency of
domain name ownership WHOIS information."


Michael Kirk 

Executive Director



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